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Third Circuit Agrees With FTC In Applying Stricter Reverse-Payment Settlement Test

				
Posted  07/31/12
								

				 
								 				The U.S. Court of Appeals for the Third Circuit has reversed summary judgment in In re K-Dur Antitrust Litigation, and resurrected claims against defendant drug manufacturers that entered into so-called “reverse-payment” or “pay-for-delay” patent litigation settlements that allegedly delayed the sale of generic drugs.

The Third Circuit held that settlement agreements in which patent holders make payments to...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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Europeans Eying Whether It’s Déjà Vu All Over Again In New Microsoft Browser Probe

				
Posted  07/23/12
								

				 
								 				The European Commission has opened an investigation to determine whether Microsoft failed to comply with its 2009 commitment to the Commission to encourage Internet browser competition by providing Windows users in Europe with a screen showing the 12 most popular browsers.

In December 2009, the Commission’s competition office found that Microsoft’s practice of offering only its browser, Internet Explorer, to...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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Penguin’s Motion To Compel Arbitration Doesn’t Fly In eBooks Case

				
Posted  07/11/12
								

				 
								 				A federal judge in the Southern District of New York has shot down a motion to compel arbitration filed by Penguin Group (USA), Inc. in the widely-followed case of In re: Electronic Books Antitrust Litigation.

Plaintiffs allege that Penguin and other book publishers violated the antitrust laws by conspiring to fix and raise prices for eBooks.  Penguin moved the court to stay the proceedings and compel arbitration...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Price Fixing, 
												
						

					
	
								
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Supremes To Return To Health Care Market

				
Posted  07/9/12
								

				 
								 				As the United States continues to process the Supreme Court’s opinion on the constitutionality of the Affordable Care Act, the Court has accepted another important case in the health care industry.

The Supreme Court has granted the FTC’s petition challenging a hospital merger in Federal Trade Commission v. Phoebe Putney Health System, Inc.  Antitrust practitioners are closely following the case because the...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Court Holds Football Players’ Claims Fail To Thread American Needle

				
Posted  06/27/12
								

				 
								 				Football players’ antitrust claims that the National Football League (“NFL”) and teams conspired to deprive them of their rights to football game footage are being kicked out of court after a federal judge found that the plaintiffs had failed to come within the Supreme Court’s holding in American Needle, Inc. v. National Football League, 130 S. Ct. 2201 (2010).

Judge Paul A. Magnusen of the U.S. District...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
													  Monopolization, 
												
						

					
	
								
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Pharmacies Allege Antidepressant Manufacturers Depressed Generic Competition

				
Posted  06/22/12
								

				 
								 				CVS and Rite Aid pharmacies have filed an antitrust complaint in the U.S. District Court for the District of New Jersey against Wyeth Inc. and Teva Pharmaceuticals for allegedly conspiring to keep generic versions of the popular antidepressant Effexor XR out of the hands of consumers.

The two pharmacies allege in Rite Aid Corp et al. v. Wyeth Inc. et al, that the anticompetitive conspiracy included fraudulently...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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Seventh Circuit Finds Interlocking Directors Cause No Antitrust Injury To Shareholders

				
Posted  06/20/12
								

				 
								 				The U.S. Court of Appeals for the Seventh Circuit has rejected a shareholder derivative action on the ground that that the shareholders suffered no antitrust injury from interlocking directorships even though such accumulation of market power may violate federal antitrust law.

The Seventh Circuit reached this conclusion in ordering the dismissal of the complaint in Robert F. Booth Trust v. Crowley, a shareholder...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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Cable Companies Facing Antitrust Investigation Of Video Streaming Limits

				
Posted  06/15/12
								

				 
								 				The U.S. Department of Justice (“DOJ”) is conducting an investigation to determine whether or not Internet usage caps and subscription perks offered by large cable and Internet providers violate antitrust laws by unreasonably restraining streaming video.

The Wall Street Journal has reported that the DOJ’s Antitrust Division has spoken about Internet data caps with Comcast, Time Warner Cable, and other cable...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
												
						

					
	
								
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Players Charge NFL Imposed Collusive Salary Cap

				
Posted  06/11/12
								

				 
								 				The National Football League Players Association has filed a collusion claim against the NFL, its clubs, and team owners alleging a secret $123 million per-Club salary cap during the 2010 uncapped season.

The suit was filed in the U.S. District Court of Minnesota just one day after that court upheld NFL sanctions against the Cowboys and the Redskins for front-loading player contracts in 2010.

In appealing the...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

				
Posted  06/7/12
								

				 
								 				The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business.

Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording.

The FTC and the European Commission are reviewing the proposed merger...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Intellectual Property Law and Antitrust, 
													  International Competition Issues, 
												
						

					
	
								
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